South Dakota § 23A-27-45 Commitment--Finding--Provisional sentence.

South Dakota Statutes

§ 23A-27-45 — Commitment--Finding--Provisional sentence.

South Dakota·Title 23A CRIMINAL PROCEDURE·Ch. 23A-26 SENTENCE AND JUDGMENT

If, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to the custody of the Human Services Center. The Human Services Center shall hospitalize the defendant for care or treatment. Such a commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty.

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If, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to the custody of the Human Services Center. The Human Services Center shall hospitalize the defendant for care or treatment. Such a commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty.

South Dakota § 23A-27-45 (Commitment--Finding--Provisional sentence.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.